# legal question **URL:** \ **Category:** In My Humble Opinion\ **Created:** [January 10, 2011, 12:02am UTC](https://boards.straightdope.com/t/legal-question/567040 "2011-01-10T00:02:27Z")\ **Posts on this page:** 20\ **Page:** 3
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [January 10, 2011, 3:08pm UTC](https://boards.straightdope.com/t/legal-question/567040/41 "2011-01-10T15:08:59Z")
_This is not legal advice. I am not a lawyer._ The statute of limitations for DUI may have passed in your jurisdiction (assuming time passed between the accident and his sentencing, and so on). It may not have. If he’s already been convicted of a prior DUI, it almost certainly has not. There won’t be a state attorney present at a civil deposition. The local state attorneys’ office probably has no interest at all in charging your fiancee for DUI after already convicting him of a related offense. If they had the evidence to convict, they would have done so the first time around. He may have accepted a plea deal the first time around, which may or may not bar prosecution of any other charges stemming from the same incident. I’m curious - how do you know what the plaintiff’s attorney wants him to say? Does the letter/subpoena actually say that? ---
**Author:** ![Bearflag70](https://avatars.discourse-cdn.com/v4/letter/b/8e7dd6/32.png) [@Bearflag70](https://boards.straightdope.com/u/Bearflag70)\ **Post date:** [January 10, 2011, 3:17pm UTC](https://boards.straightdope.com/t/legal-question/567040/42 "2011-01-10T15:17:16Z")
Another thing the OP doesn’t know is if the subpoena was duly served. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [January 10, 2011, 3:32pm UTC](https://boards.straightdope.com/t/legal-question/567040/43 "2011-01-10T15:32:21Z")
Presumably it wasn’t, if it came by certified mail instead of process server. That may not be a requirement in her jurisdiction, though. ---
**Author:** ![monjb](https://avatars.discourse-cdn.com/v4/letter/m/dbc845/32.png) [@monjb](https://boards.straightdope.com/u/monjb)\ **Post date:** [January 10, 2011, 4:23pm UTC](https://boards.straightdope.com/t/legal-question/567040/44 "2011-01-10T16:23:59Z")
I know what the attorney whats him to say cause I have spoken to him on the phone before and On the reply that he is an asshole that someone posted earlier ,I’ll have to defend him on this he is not an alcoholic and I 'am pretty sure you yourself or someone you love has drove drunk before . I know I have everyone makes mistakes.And the vehicle was in my name and I didnt have insurance so if they wanted to sue me and me pay for the rest of my life they could even if I didnt marry him.I appreciate everyone’s comments and advice.Sorry if I offended any one. ---
**Author:** ![Spectre\_of\_Pithecanthropus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/spectre_of_pithecanthropus/32/12343_2.png) [@Spectre\_of\_Pithecanthropus](https://boards.straightdope.com/u/Spectre_of_Pithecanthropus)\ **Post date:** [January 10, 2011, 6:49pm UTC](https://boards.straightdope.com/t/legal-question/567040/45 "2011-01-10T18:49:37Z")
**Moderator note** FYI, it is permitted to ask medical or legal (or other professionally sensitive) questions in this forum. However, keep in mind that the principle of _caveat lector_ is applicable. ---
**Author:** ![Chessic\_Sense](https://avatars.discourse-cdn.com/v4/letter/c/7c8e57/32.png) [@Chessic\_Sense](https://boards.straightdope.com/u/Chessic_Sense)\ **Post date:** [January 10, 2011, 8:15pm UTC](https://boards.straightdope.com/t/legal-question/567040/46 "2011-01-10T20:15:08Z")
> [@Bricker](#): > > He wasn’t charged with DUI before. How does double jeopardy protect him in this situation? You don’t know that for sure. He could have been charged and it could have been dismissed as a “lesser included”. For all we know, it would be straight-up, no-question double jeopardy to charge him again. > [@monjb](#): > > I know what the attorney whats him to say cause I have spoken to him on the phone before and On the reply that he is an asshole that someone posted earlier ,I’ll have to defend him on this he is not an alcoholic and I 'am pretty sure you yourself or someone you love has drove drunk before . I know I have everyone makes mistakes.And the vehicle was in my name and I didnt have insurance so if they wanted to sue me and me pay for the rest of my life they could even if I didnt marry him.I appreciate everyone’s comments and advice.Sorry if I offended any one. You’re making excuses for his behavior. The point wasn’t what he did in the past. It’s what he’ll do in the future. And AFAICT, you can’t sue someone sitting at home for not having car insurance. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [January 10, 2011, 8:26pm UTC](https://boards.straightdope.com/t/legal-question/567040/47 "2011-01-10T20:26:24Z")
No, but you can sue them for allowing their car to driven by someone else. ---
**Author:** ![The\_Second\_Stone](https://avatars.discourse-cdn.com/v4/letter/t/bbe5ce/32.png) [@The\_Second\_Stone](https://boards.straightdope.com/u/The_Second_Stone)\ **Post date:** [January 10, 2011, 8:39pm UTC](https://boards.straightdope.com/t/legal-question/567040/48 "2011-01-10T20:39:12Z")
> [@monjb](#): > > I know what the attorney whats him to say cause I have spoken to him on the phone before and On the reply that he is an asshole that someone posted earlier ,I’ll have to defend him on this he is not an alcoholic and I 'am pretty sure you yourself or someone you love has drove drunk before . I know I have everyone makes mistakes.And the vehicle was in my name and I didnt have insurance so if they wanted to sue me and me pay for the rest of my life they could even if I didnt marry him.I appreciate everyone’s comments and advice.Sorry if I offended any one. I get that you love him and all, but someone who drives drunk is an alcoholic. And no, I don’t know anyone who has had a DUI that isn’t an alcoholic. And I know hundreds of people who have had DUIs. Alcoholism is very common and so is denial by the people who have it and the people around them. The fact that you left out of your OP that he injured someone is a strong indication that you are the co-dependent of an alcoholic. No US jurisdiction gives 4 years sentences for harmless driving tipsy. There are 12 step programs for alcoholics and also 12 step programs from the co-dependents of alcoholics. I strongly suggest that you take advantage of one of them for yourself. ---
**Author:** ![monjb](https://avatars.discourse-cdn.com/v4/letter/m/dbc845/32.png) [@monjb](https://boards.straightdope.com/u/monjb)\ **Post date:** [January 10, 2011, 8:39pm UTC](https://boards.straightdope.com/t/legal-question/567040/49 "2011-01-10T20:39:37Z")
I’m not making excuses for him. Ive been with him for 13 yrs. and known him longer than that. So if you dont have an answer for me about the case than you can just butt out. I think who ever is saying this is an asshole. ---
**Author:** ![Giraffe](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/giraffe/32/129_2.png) [@Giraffe](https://boards.straightdope.com/u/Giraffe)\ **Post date:** [January 10, 2011, 8:41pm UTC](https://boards.straightdope.com/t/legal-question/567040/50 "2011-01-10T20:41:03Z")
Oh, if you’ve been with him for 13 years then you should definitely marry him and have a bunch of kids. :smack: ---
**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\ **Post date:** [January 10, 2011, 8:42pm UTC](https://boards.straightdope.com/t/legal-question/567040/51 "2011-01-10T20:42:42Z")
What the OP needs to do: \*Get some real legal advice. Which means not stuff you get from an online message board. Talk to a lawyer who is representing your fiance. \*Find out what the statute of limitations are for DUI charges in your state. Plus whatever other charges might apply. \*Find out what charges your fiance was already tried on. \*Find out if he’s obligated to testify at the civil trial. Find out if testimony he gives will be admissable against him. \*Do not commit perjury, fraud, or any new crimes. ---
**Author:** ![Gary\_T](https://avatars.discourse-cdn.com/v4/letter/g/3ec8ea/32.png) [@Gary\_T](https://boards.straightdope.com/u/Gary_T)\ **Post date:** [January 10, 2011, 8:42pm UTC](https://boards.straightdope.com/t/legal-question/567040/52 "2011-01-10T20:42:49Z")
> [@Bricker](#): > > He wasn’t charged with DUI before. How does double jeopardy protect him in this situation? > [@Chessic\_Sense](#): > > You don’t know that for sure. He could have been charged and it could have been dismissed as a “lesser included”. For all we know, it would be straight-up, no-question double jeopardy to charge him again. That’s right, we don’t know for sure, but you’ve managed to miss the point. **Bricker’s** statement was in response to this: “_Since he’s already pled guilty, double jeopardy applies and he can’t be charged again._” That poster doesn’t know for sure either, yet is making an unqualified assertation about it, which could mislead the OP into doing something detrimental to her own interests. You’re picking the wrong nit. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [January 10, 2011, 8:50pm UTC](https://boards.straightdope.com/t/legal-question/567040/53 "2011-01-10T20:50:49Z")
> [@](#): > > I think who ever is saying this is an asshole. FYI, that sort of thing is frowned upon in this forum. You can only call other posters bad names in the Pit. ---
**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\ **Post date:** [January 10, 2011, 9:06pm UTC](https://boards.straightdope.com/t/legal-question/567040/54 "2011-01-10T21:06:08Z")
> [@monjb](#): > > I’m not making excuses for him. Ive been with him for 13 yrs. and known him longer than that. So if you dont have an answer for me about the case than you can just butt out. I think who ever is saying this is an asshole. Have you talked to your lawyer yet? ---
**Author:** ![Boyo\_Jim](https://avatars.discourse-cdn.com/v4/letter/b/87869e/32.png) [@Boyo\_Jim](https://boards.straightdope.com/u/Boyo_Jim)\ **Post date:** [January 10, 2011, 9:12pm UTC](https://boards.straightdope.com/t/legal-question/567040/55 "2011-01-10T21:12:15Z")
> [@The\_Second\_Stone](#): > > I get that you love him and all, but someone who drives drunk is an alcoholic. That’s just not true. I’m not and have never been an alcoholic, but I have driven drunk a couple of times in my youth. I was lucky that I wasn’t involved in any traffic accidents. ---
**Author:** ![Ellen\_Cherry](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ellen_cherry/32/3600_2.png) [@Ellen\_Cherry](https://boards.straightdope.com/u/Ellen_Cherry)\ **Post date:** [January 10, 2011, 9:32pm UTC](https://boards.straightdope.com/t/legal-question/567040/56 "2011-01-10T21:32:55Z")
Everyone, let’s stop calling each other assholes. That accomplishes nothing. If you have thoughts on the facts of the case as **monjb** has presented them, have at it. **monjb** , you probably need to understand that by posting your question on an open message board, people are going to go places you may not have intended. Also understand that most people want to help. So again, general note to everyone to remember to be civil. **Ellen Cherry IMHO Moderator** ---
**Author:** ![Morgenstern](https://avatars.discourse-cdn.com/v4/letter/m/f9ae1b/32.png) [@Morgenstern](https://boards.straightdope.com/u/Morgenstern)\ **Post date:** [January 10, 2011, 9:33pm UTC](https://boards.straightdope.com/t/legal-question/567040/57 "2011-01-10T21:33:38Z")
I can’t believe an attorney would contact a person and ask (tell) them what to testify to. If the attorney asked if he was drunk, that’s one thing. But if the attorney asked him to say he was drunk, I’d file an complaint with the bar association. And regardless, I’d keep very quiet about everything. He’s got nothing to gain and much to lose. He’s already paid his debt so let it be done with. Just my 2 cents. ---
**Author:** ![Bearflag70](https://avatars.discourse-cdn.com/v4/letter/b/8e7dd6/32.png) [@Bearflag70](https://boards.straightdope.com/u/Bearflag70)\ **Post date:** [January 10, 2011, 9:39pm UTC](https://boards.straightdope.com/t/legal-question/567040/58 "2011-01-10T21:39:25Z")
> [@Morgenstern](#): > > And regardless, I’d keep very quiet about everything. He’s got nothing to gain and much to lose. He’s already paid his debt so let it be done with. > Just my 2 cents. He may have little choice in the face of a court order. His attorney should be able to sort that out. ---
**Author:** ![LurkerInNJ](https://avatars.discourse-cdn.com/v4/letter/l/ed655f/32.png) [@LurkerInNJ](https://boards.straightdope.com/u/LurkerInNJ)\ **Post date:** [January 10, 2011, 9:50pm UTC](https://boards.straightdope.com/t/legal-question/567040/59 "2011-01-10T21:50:03Z")
> [@monjb](#): > > I know what the attorney whats him to say cause I have spoken to him on the phone before and On the reply that he is an asshole that someone posted earlier ,I’ll have to defend him on this he is not an alcoholic and \*\*I 'am pretty sure you yourself or someone you love has drove drunk before . I know I have \*\*everyone makes mistakes.And **the vehicle was in my name and I didnt have insurance** so if they wanted to sue me and me pay for the rest of my life they could even if I didnt marry him.I appreciate everyone’s comments and advice.Sorry if I offended any one. Good solid judgment being used all around. 😛 I’m wondering why they haven’t included you in the suit as owner of the vehicle. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [January 10, 2011, 9:56pm UTC](https://boards.straightdope.com/t/legal-question/567040/60 "2011-01-10T21:56:23Z")
Negligent entrustment doesn’t exist in some jurisdictions. Plus, she was uninsured, and the asset check probably revealed that she had less to seize than the cost of the suit. [Previous page](https://boards.straightdope.com/t/legal-question/567040.md?page=2) [Next page](https://boards.straightdope.com/t/legal-question/567040.md?page=4)